Legal Information/ Legal Briefs
Legal Briefs
Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.
Legal Briefs 2025
October
Psychiatric Assessments
Following a court ruling concluding that there is good reason to believe that Olivia represents a danger to herself or to others due to her mental state and ordering that she be confined in an institution, Olivia must undergo a psychiatric assessment. She wonders exactly what this assessment will en
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September
Criminal Harassment: When Letting Go Is Essential
Breaking up with someone always causes problems, whether emotional, financial or even residential. These problems, however, pale in comparison to the legal problems that can result from a poorly handled break-up. Criminal harassment is a broad offence that is defined as committing any of the followi
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August
Child Custody: Superior Court Versus
Court of Québec (Youth Division)
Jasmine and John are the parents of two children, Julian and Julie. When they separated, the parents agreed to share custody of their two children and decided to have their agreement confirmed by a court. They therefore obtained a judgment from the Superior Court, Family Division.
Custody was
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April
Protecting Seniors from Economic Exploitation
With demographic aging, we are seeing a worrying increase in situations of financial exploitation of the elderly. This phenomenon manifests itself in various ways:
- Extortion of money: Individuals, often relatives, take advantage of their relationship of trust with seniors to cheat the
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March
I’ve Been Charged With Assault With a Weapon – Really?!?
Clara knows she has a hot temper, and her angry outbursts sometimes get her into trouble, which is exactly what happened a few weeks ago at her son Victor’s soccer game.
A parent from the opposing team wouldn’t stop shouting nonsense, and Clara couldn’t listen to the unbearable screaming any
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February
Rights of Unmarried Persons in Québec and Family Law Reform (De Facto Union)
On June 4, 2024, An Act respecting family law reform and establishing the parental union regime was assented to. Most of the new provisions will come into force on June 30, 2025.
This reform represents a significant step forward as regards the rights of unmarried people and reflects the contemporary reality of Québec families. The new provisions deal with the creation of a parental union. According to the definition in the Act, a parental union is formed upon de facto spouses becoming the parents of a child born after June 29, 2025.
The Act provides for the establishment of a parental union patrimony that includes, but is not limited to, the family’s residence and movable property and the vehicles used by the family. The Act contains provisions dealing with the partition of this patrimony in the event of separation, with the use of the family residence and with compensatory allowances.
The legislature has established a mechanism through which spouses who wish to do so can withdraw from the application of these new provisions. This withdrawal, however, must meet certain requirements. It requires the mutual agreement of the spouses, and it must be made by notarial deed, i.e., a deed prepared by a notary.
For further information on this subject, please contact your local legal aid office.
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Don’t hesitate to have your eligibility for legal aid evaluated by making an appointment at a legal aid office near you. You can also check your eligibility online here.
To find the contact information for your legal aid office, please click on the following link : www.csj.qc.ca.
Legal brief *
February
2025
Number
02
Text prepared by Me Caroline Simard
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.
January
Repossession of a Rental Property
The owner of a dwelling who is the landlord of the dwelling may repossess it for specific reasons, in general, as a residence for the landlord or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the landlord is the m
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